[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR930.58]



[Page 257]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 930_FEDERAL CONSISTENCY WITH APPROVED COASTAL MANAGEMENT PROGRAMS

--Table of Contents

 

  Subpart D_Consistency for Activities Requiring a Federal License or 

                                 Permit

 

Sec. 930.58  Necessary data and information.



    (a) The applicant shall furnish the State agency with necessary data 

and information along with the consistency certification. Such 

information and data shall include the following:

    (1) A detailed description of the proposed activity, its associated 

facilities, the coastal effects, and comprehensive data and information 

sufficient to support the applicant's consistency certification. Maps, 

diagrams, technical data and other relevant material shall be submitted 

when a written description alone will not adequately describe the 

proposal (a copy of the federal application and all supporting material 

provided to the Federal agency should also be submitted to the State 

agency);

    (2) Information specifically identified in the management program as 

required necessary data and information for an applicant's consistency 

certification. The management program as originally approved or amended 

(pursuant to 15 CFR part 923, subpart H) may describe data and 

information necessary to assess the consistency of federal license or 

permit activities. Necessary data and information may include State or 

local government permits or permit applications which are required for 

the proposed activity. Required data and information may not include 

confidential and proprietary material; and

    (3) An evaluation that includes a set of findings relating the 

coastal effects of the proposal and its associated facilities to the 

relevant enforceable policies of the management program. Applicants 

shall demonstrate that the activity will be consistent with the 

enforceable policies of the management program. Applicants shall 

demonstrate adequate consideration of policies which are in the nature 

of recommendations. Applicants need not make findings with respect to 

coastal effects for which the management program does not contain 

enforceable or recommended policies.

    (b) At the request of the applicant, interested parties who have 

access to information and data required by this section may provide the 

State agency with all or part of the material required. Furthermore, 

upon request by the applicant, the State agency shall provide assistance 

for developing the assessment and findings required by this section.

    (c) When satisfied that adequate protection against public 

disclosure exists, applicants should provide the State agency with 

confidential and proprietary information which the State agency 

maintains is necessary to make a reasoned decision on the consistency of 

the proposal. State agency requests for such information must be related 

to the necessity of having such information to assess adequately the 

coastal effects of the proposal.